Governor needs aid and advice of the Chief Minister and Council of Ministers

Q.  Which of the following statements is/are true?

1) The Governor can summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.
2) Governor does not need the aid and advice of the State council of Ministers and the CM for this.
- Published on 11 Feb 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Both 1 and 2
 
  • Article 174(1) - The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
  • Article 174 is silent on whether the Governor should consult or not the State Cabinet before calling the Assembly session.
  • However in the recent case of President’s Rule in Arunachal Pradesh, SC noted that since Article 174 (1) was silent on whether the Governor should consult or not the State Cabinet before advancing dates of the Assembly session, it was presumed that aid and advice of the Chief Minister and Council was required to be taken. If you have a discretionary power, the Constitution will say so said the SC.

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